MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Right to Self-Perceived Gender Identity Affirmed by Kerala High Court: Transgender Woman’s Enrolment in NCC Upheld

07 May 2024 8:19 AM

By: Admin


The Kerala High Court, in a significant judgment, has affirmed the right of Hina Haneefa, a transgender woman, to enrol in the National Cadet Corps (NCC) as per her self-perceived gender identity. This decision is a pivotal recognition of transgender rights under the Transgender Persons (Protection of Rights) Act, 2019, and upholds the principles of equality and non-discrimination enshrined in the Indian Constitution.

Facts and Issues: The case involved Hina Haneefa, a transwoman who, post-sex reassignment surgery, sought enrolment in the NCC’s female wing. The refusal of her enrolment was initially based on the criteria set by Section 6 of the National Cadet Corps Act, 1948, which only acknowledged male and female categories. The central issue was whether this refusal infringed upon her rights under the Transgender Persons Act and the Constitution.

Court Assessment: The Court closely examined the relevant statutes, particularly emphasizing the Transgender Persons Act. Justice C.S. Sudha remarked, “…when the petitioner has been given the identity of a female, she is certainly entitled to be enrolled in the NCC under Section 6(2) of the Act.” The judgment recognized the crucial right to self-perceived gender identity. However, the Court clarified its limitation in directing the legislature to amend the NCC Act, highlighting the separation of powers in governance.

Decision: The Kerala High Court ruled in favor of Hina Haneefa, allowing her enrolment in the NCC as a female candidate. The directive to amend the NCC Act for including transgender individuals was set aside, with the Court expressing hope that the government would consider including transgender categories in light of the Supreme Court’s directives and the provisions of the Transgender Persons Act.

Date of Decision: 22nd February 2024

National Cadet Corps & Others.  VS Hina Haneefa @ Muhammed Ashif Ali N & Others.

Latest Legal News